We ve been away from home for six years, how can we get a divorce

When filing a lawsuit, you need to bring your marriage certificate, ID card, complaint, defendant's household registration certificate or residence certificate and other materials to the competent court to file a lawsuit, and then wait for the court to hear it.

1. The legal condition for divorce by litigation is that the relationship between the husband and wife has indeed broken down, and if the relationship has not broken down or has not completely broken down, it can still be maintained, and there is a possibility of reconciliation, even if the mediation is ineffective for a while, the divorce cannot be granted.

2. Barrister.com According to the legal basis: Article 32 of the Marriage Law (2001 Amendment) [Divorce Proceedings] If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

You can divorce by agreement or lawsuit, like yours for 6 years, it means that the relationship between the husband and wife has broken down, and the divorce should be granted.

Generally, if the branch office is more than 2 years old, it will consider the divorce due to the breakdown of the relationship between the husband and wife. Alternatively, you can consult a divorce lawyer. For example, the above lawyer consultation sticker.

Legal analysis: If the divorce by mutual agreement fails, you need to go to the court to sue for divorce. The court may grant a divorce because the relationship between the husband and wife has indeed broken down because the relationship has not been damaged and the separation has been completed for two years. It's not that after two years of running away from home, the marriage will automatically leave.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, financial and financial resources, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separation due to emotional discord for two years;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

When the husband runs away from home, his whereabouts are unknown. According to the laws of our country, if one of the spouses runs away from home and is missing for two years, it meets the requirements for being declared missing in our country. If a person is declared missing by the court, he or she may file a divorce lawsuit with the court to request a divorce.

If the provisions of China's marriage law are met, the court grants a divorce and the marriage can be unilaterally dissolved. In addition, according to the regulations of our country, if the husband and wife have been separated for two years due to emotional discord, they can file for divorce with the court. The court may grant a divorce after determining that the facts and laws and regulations are in accordance with the laws of our country.

If there are other reasons that lead to the breakdown of the relationship between the husband and wife, such as bigamy, cohabitation with others after marriage, domestic violence, abandonment of family members, gambling, drug abuse, etc., they can also file a divorce lawsuit with the court, and after verification by the court, they can also unilaterally dissolve the marriage contract.

One of the circumstances provided for in Article 32 of the Marriage Law: (1) bigamy or cohabitation of a spouse with another person; 2) Committing domestic violence or abusing or abandoning family members; 3) Those who have bad habits such as gambling and drug abuse that they do not change; 4) Separated for two years due to emotional discord; 5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Personally, I feel that if you want to divorce, in fact, running away from home is not a particularly good way, two people should sit down to negotiate divorce matters, if you can't negotiate, you can also go through litigation law, instead of leaving.

No matter how long you have been away from home, you will not automatically get a divorce, you need to go to the office where you registered your marriage with your partner to register the divorce, and then wait for the 30-day cooling-off period before you can go through the divorce procedures.

Generally speaking, if you have been separated for more than two years, you can sue for divorce, and if you decide that you don't want to go together, you can still divorce by agreement.

Entering marriage is fate, and if you are not together, you should also get together and disperse, so go and talk to him.

If you run away from home, you can only explain this situation after more than three years, so I think this can explain the problem very well, in all aspects, I think this time is not too long, generally more than three years, you can automatically divorce, this situation is okay.

Running away from home is a way to escape. Divorce is the result of careful consideration, and you can't get a divorce if you encounter difficulties. If there is no major problem, you can talk about the problem face-to-face and see if it can be solved through negotiation.

If you still can't go on after trying hard, you must also actively face and solve it.

If your husband and wife no longer have feelings and want to divorce, then you can divorce after living for more than two years, or divorce by agreement, which will be faster, as long as both parties agree, you can leave soon.

For half a year to more than a year, as long as you have evidence, you can choose to break up directly if you don't get married, because if you don't have evidence and you run away from home, you won't get divorced if you divorce like this.

If one party runs away from home and has been separated for 2 consecutive years, he or she can file for divorce, and the court will ask for mediation, and if it is still invalid, the divorce will be granted.

It depends on the reason why you are separated from your other half and can be divorced after two years of separation, but there is a premise that you are separated because of emotional discord.

In order to achieve divorce by way of de facto divorce, it may take more than two years of not living together before the divorce can be granted.

If you have been separated for more than half a year, you can ask for divorce based on the breakdown of your relationship, so you can sue for divorce after you run away from home for half a year.

I think it should be more than two years before you can get a divorce, right? Because of two people. The spouses have been separated for more than two years.

It can be determined that the divorce is automatic, because the relationship between the two people has broken down, and it has reached the point of no return, and it has been two years since they separated, and the conditions for divorce have been met. So two years is fine.